NEAL v. STATE

No. F-78-303.

597 P.2d 334 (1979)

Herman Hoyle NEAL, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected July 3, 1979.


Attorney(s) appearing for the Case

Frank H. McCarthy, Asst. Public Defender, Tulsa County, for appellant.

Larry Derryberry, Atty. Gen., Bill J. Bruce, Asst. Atty. Gen., Danny K. Shadid, Legal Intern, for appellee.


OPINION

CORNISH, Presiding Judge:

The appellant was convicted of Assault and Battery With a Dangerous Weapon, — 21 O.S. 1971, § 645 — in the District Court of Tulsa County, in Case No. CRF-77-2633. The incident out of which the charge arose was a fight in a tavern. The appellant, a 60-year-old man, called a woman a whore. Upon telling her husband, who was 38 years of age and weighed 240 pounds...

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